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11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials
11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit held that convictions under Georgia’s aggravated assault statute, O.C.G.A. § 16-5-21(a)(2), that …
Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia
Article • June 17, 2019 • from CLN July, 2019
Filed under: Sentencing
Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia by Douglas Ankney by Douglas Ankney Maurice Stephen Sanders and Deshaun Evans decided to rob drug dealer Josh Palmer. Both Sanders and Evans had guns. In the course of the robbery, a neighbor of Palmer—Christopher Greene—was pistol-whipped and robbed. Greene’s …
Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter
Article • June 17, 2019 • from CLN July, 2019
Filed under: Defenses
Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter by David Reutter by David Reutter The Supreme Court of Arkansas held that the defense of justification is available to a defendant charged with manslaughter if the defendant was not reckless or negligent in forming the belief that force …
Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed
Article • June 17, 2019 • from CLN July, 2019
Filed under: Searches, Police
Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed by Douglas Ankney by Douglas Ankney The Supreme Court of Washington held that the federal attenuation doctrine is not incompatible with the exclusionary rule of article …
Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing
Article • June 17, 2019 • from CLN July, 2019
Filed under: Attorneys
Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing by Dale Chappell by Dale Chappell In a case where the same lawyer represented two codefendants and advised both to plead guilty, with one fingering the other, evidence …
North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition
Article • June 17, 2019 • from CLN July, 2019
Filed under: Summary Judgment, Post-release, ex-offender, re-entry
North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition by Matthew Clarke by Matt Clarke   The Supreme Court of North Dakota held that a district court erred when it dismissed a prisoner’s application for postconviction relief after the State filed its answer …
Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred
Article • June 17, 2019 • from CLN July, 2019
Filed under: Searches, Computer Searches, Search warrants, Internet
Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred by Mark Wilson by Mark Wilson The Supreme Court of Oregon ruled that the Oregon Constitution requires that a warrant to seize and search a computer (and other digital devices) identify the information to be searched for, …
Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense
Article • June 17, 2019 • from CLN July, 2019
Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense by Dale Chappell by Dale Chappell The Maryland Court of Appeals held that evidence of a valid prescription constitutes non-hearsay and is admissible as a “verbal act” when …
Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel
Article • June 17, 2019 • from CLN July, 2019
Filed under: Guilty Pleas, Attorneys, Malpractice (Attorneys)
Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the district court erred in denying a writ of error coram nobis that claimed ineffective assistance of counsel …
Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution
Article • June 17, 2019 • from CLN July, 2019
Filed under: Telephones
Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Judicial Court of Massachusetts held that when police take action …
Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’
Article • June 17, 2019 • from CLN July, 2019
Filed under: Sentencing
Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’ by Dale Chappell by Dale Chappell In a rare move, the U.S. Court of Appeals for the Eighth Circuit found that a sentence imposed for a violation of probation in a child pornography case was “substantively unreasonable” and that the sentencing court …
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing
Article • June 17, 2019 • from CLN July, 2019
Filed under: Government Misconduct, Appeals, Sentencing
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that the Government breached its plea agreement with the defendant by failing to honor its drug …
Compelled Decryption Primer
Article • June 17, 2019 • from CLN July, 2019
Filed under: Searches, Computer Searches, Telephones, Telephone Monitoring, Fourth Amendment, rights
Compelled Decryption Primer by National Association of Criminal Defense Lawyers Fourth Amendment Center by the National Association of Criminal Defense Lawyers Fourth Amendment Center The Supreme Court recognized in Riley v. California that cell phones are unlike other types of physical objects. 134 S.Ct. 2473 (2014). Instead, the Court held, …
Illinois Enacts Youthful Parole for Some
Article • June 17, 2019 • from CLN July, 2019
Filed under: Parole
Illinois Enacts Youthful Parole for Some by Clifford Powers by Clifford Powers Illinois Governor JB Pritzker made history on April 1, 2019, when he signed a bill creating Illinois’ first new parole system since it was effectively abolished in 1978. Before this, only those incarcerated for over 40 years, i.e. …
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exc...
Article • June 17, 2019 • from CLN July, 2019
Filed under: Appeals, Constitution, U.S.
Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice by Punch & Jurists by Punch & Jurists In Chua, …
Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates
Article • June 17, 2019 • from CLN July, 2019
Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit held that Washington state’s accomplice liability statute renders the state’s drug trafficking law too broad to serve as an Armed Career Criminal Act (“ACCA”) …
Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer
Article • June 17, 2019 • from CLN July, 2019
Filed under: War on Drugs, Sentencing
Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer by Alyssa Stryker by Alyssa Stryker, Truthout President Trump declared a national emergency to fund a wall on the southern U.S. border. In his declaration speech, he doubled down on the ridiculous idea that a wall would significantly impact the drug trade. …
Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty
Article • June 17, 2019 • from CLN July, 2019
Filed under: Trials, Police
Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty by Dale Chappell by Dale Chappell It took a jury just nine minutes to come back with a verdict of “not guilty” in the trial of a man charged with blaring the 1988 …
Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture
Article • June 17, 2019 • from CLN July, 2019
Filed under: Criminal justice system reform, Money/Property, Forfeiture
Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture by Noreen Marcus by Noreen Marcus Carole Hinders built a better taco that drew diners to Mrs. Lady’s Food in Spirit Lake, Iowa, for 37 years. Then, one day in 2013, right after breakfast with the grandkids, two men …
‘They need to be marked for life’
Article • June 14, 2019
Filed under: Sexual Assault, Editorials
‘They need to be marked for life’ by Sandy, Sandy Rozek by Sandy, NARSOL The mandatory chemical castration law that has just passed in Alabama is being debated every way possible. Health professionals are weighing in on why, medically, it is not an effective prevention strategy. From a moral and …
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